In Testimony Before Congress, Sugar Law Center Calls for Stronger Protection of Laid-Off...

In Testimony Before Congress, Sugar Law Center Calls for Stronger Protection
of Laid-Off Workers
Longer advance notice, federal/state lawsuits urged as ways to enforce
workers' rights

WASHINGTON, May 20 /PRNewswire/ -- The legal director of one of the
nation's most influential organizations advocating for workers and communities
today called for a significant strengthening of the WARN Act, a federal law
that requires employers to provide advance notice of mass layoffs. In
testimony prepared for delivery today before the Senate Committee on Health,
Education, Labor and Pensions, John Philo of the Sugar Law Center for Economic
and Social Justice called on Congress to eliminate what he called "massive
loopholes" in the law.
"WARN Act reform is long overdue," said Philo, "especially as a faltering
national economy means mass job loss in more and more communities." He said
workers in more than 90% of American workplaces do not receive the required
notice provided for by the Act, which he said, "completely defeats the purpose
of this legislation. Increased transition time for workers in more of
America's workplaces can make an enormous difference for our nation's workers,
their families and their communities," Philo added.
Philo told committee members that Congress should enact additional
requirements, including:
-- Doubling the mandated layoff notification for workers from 60 to 120
days;
-- Reducing the "trigger point" for notification from 100 to 50 workers,
or to include part-time workers in any layoff calculation; and
-- Allowing Federal and state officials to file suit to block layoffs
where the proper notification has not been made.

The WARN Act (Worker Adjustment and Retraining Notification) requires many
employers to provide their workers with at least 60 days' notice prior to any
mass layoffs. This advance notice is intended to give laid-off workers the
time to find new jobs or enter retraining without spending weeks or months out
of work. Congress is considering reforming the law to strengthen its
protections of workers and communities.
Some of the reforms under consideration by Congress would lengthen the
required notice, tighten loopholes so more workplaces are covered, and change
the structure of damages to deter wrongdoing more effectively. "Finding new
employment takes up to five months for most workers," said Philo, "so more
advance notice is needed to prevent the devastating effects of sudden job
loss."
"Furthermore, the current law not only exempts most American workplaces,
but provides no punitive damages to deter employer violation. Even if they are
sued, employers who ignore the law often end up paying less than those who
comply with the law and treat their workers fairly. This puts good-faith,
decent employers at an unfair disadvantage and makes it more likely that
workers and communities will suffer the devastation of job loss with no
warning."
Philo directs the assistance provided to laid-off workers by the Sugar Law
Center, a national nonprofit organization headquartered in Detroit. The Center
has represented tens of thousands of dislocated workers forced to go to court
to get even partial compensation for not receiving the notice WARN requires.
The Center also serves as a technical resource for state agencies helping
dislocated workers as well as attorneys representing them nationwide.
To obtain a copy of the Sugar Law Center's testimony at the Senate
hearing, go to http://www.sugarlaw.org or contact Sugar Law's Executive
Director Tova Perlmutter at 313-962-6540.
SOURCE Sugar Law Center

Tova Perlmutter, Executive Director of Sugar Law Center, +1-313-962-6540